County board drops smoking ban

Marshall commissioners say such rules should be left to the state.

Marshall commissioners say such rules should be left to the state.

December 06, 2005|ANITA MUNSON Tribune Staff Writer

PLYMOUTH -- The Marshall County Commissioners made a long pass of the political football Monday, all the way to Indianapolis, leaving the legislature to carry the no-smoking ordinance ball into the end zone on its own. The commissioners voted unanimously Monday morning to deny the no-smoking ordinance. They added, in the official wording of the denial, "at this time." Before voting against the ordinance that would have prohibited smoking in most public buildings, the commissioners advised physician John Haste, who presented the ordinance as a member of Tobacco Free Marshall County, to take the fight to the state government. "I would like you to direct your efforts to the state legislature," John Zentz, board president, told Haste. "That's where this should come from, not the commissioners." Haste said officials in Marion County, Jeffersonville, Ind., and other locations that have smoking bans don't feel that way, and added, "We don't let this many people die from measles here." "By state law," Zentz added. "By state law," Haste agreed. "I make my point," Zentz concluded. Commissioner Tom Chamberlin agreed, saying, "John and I still say this fight should be down at the Statehouse." As the discussion began following Haste's presentation, Commissioner Kevin Overmyer was straightforward in his opinion. "Where does an individual's responsibility come in?" Overmyer asked. "Does the government have to live everybody's lives for them?" A handful of bar and restaurant owners who attended the meeting agreed with Overmyer. Overmyer said he thinks commissioners can oversee publicly owned buildings, but "I draw the line at business." "There's way too much government now," he added, saying that if the ordinance comes up for a vote next year, he'll vote against it then, too. Haste told the group assembled that Indiana is the fifth-leading smoking state, but 49th in rank "on protecting our employees from secondhand smoke." He said that no-smoking bans did not create a negative economic impact, and that 10 people per year die in Marshall County from secondhand smoke. Businessman Duane Miller asked Haste: "Where in this county can't you go because of smoking, and didn't the business owners decide on their own? ... What are you going to change by putting in more rules?" County Clerk Jan Fisher asked how the ban might be enforced. Haste said that once it became an accepted standard, it would not be difficult. Haste tried to keep the argument on the level of secondhand smoke's harmful effects and the commissioners' responsibilities to protect the public. But the issue of individual rights and freedom of choice was argued by opponents of the ordinance, as well. "Well, I do think we've got more thinking to do," Zentz said. Then he advised Haste to lobby with the state government. "I don't think at this point it's going anywhere," Zentz concluded. Overmyer then made the motion to deny the request for the ordinance, adding the caveat "at this time." All three commissioners voted to deny the ordinance.